§ 634. Subrogation. 1. (a) Acceptance of an award made pursuant to\nthis article shall subrogate the state, to the extent of such award, to\nany right or right of action accruing to the claimant or the victim to\nrecover payments on account of losses resulting from the crime with\nrespect to which the award is made. Upon the payment of an award, the\noffice may, by writing, notify the claimant that such claimant has\nninety days, or thirty days prior to the date of expiration of the\napplicable statute of limitations, whichever period is shorter, within\nwhich to commence an action against his assailant or any third party\nwho, as a result of the crime, may be liable in damages to the claimant.\nIf the claimant fails to commence an action within the time provided\nherein, such failure shall, after written notification by the office to\nthe claimant, operate as an assignment of the claimant's cause of action\nagainst the assailant or such other third party to the state; provided,\nhowever, that should the claimant's cause of action be in an amount in\nexcess of the office's award, such assignment shall be for only that\nportion of the cause of action which equals the amount of the award.\n (b) The office of victim services shall review those claims that have\nbeen approved by the office and that have resulted in an award in excess\nof one thousand dollars for the purpose of identifying those causes of\naction that are likely to result in recovery of the state's payment to\nthe victim. The office shall submit a list of these claims on a monthly\nbasis to the attorney general with all necessary information relating to\nthe case including whether the claimant's cause of action has been\nassigned to the office.\n (c) The attorney general may commence an action against the defendant\nconvicted of the crime or third party for money damages to the extent of\nthe award paid, and the claimant shall retain a right of action, subject\nto defenses, to recover damages for the full amount of loss incurred by\nhim as a result of the crime less the amount assigned to the state by\noperation of this subdivision. Notwithstanding any other provision of\nlaw, an action brought by the attorney general pursuant to this\nparagraph against the defendant convicted of the crime must be commenced\nwithin seven years of the crime or pursuant to the time frames\nauthorized in subdivision three of section six hundred thirty-two-a of\nthis article. A claimant who retains such right of action shall be\npermitted to intervene in any action brought pursuant to this\nsubdivision by the attorney general. Any action brought by the attorney\ngeneral may be compromised or settled provided the attorney general and\nthe office find that such action is in the best interests of the state.\n 2. Acceptance of an award made pursuant to this article shall create a\nlien in favor of the state on the proceeds of any recovery from the\nperson or persons liable for the injury or death giving rise to the\naward by the office, whether by judgment, settlement or otherwise, after\nthe deduction of the reasonable and necessary expenditures, including\nattorney's fees, incurred in effecting such recovery, to the total\namount of the award made by the office. Such lien shall attach to any\nmoneys received or to be received by the claimant or victim on account\nof losses resulting from the crime. Should the claimant or victim secure\na recovery from the person or persons liable for the injury or death\ngiving rise to the award by the office, whether by judgment, settlement\nor otherwise, such claimant may, upon notice to the office, apply to the\ncourt in which the action was instituted, or to any court of competent\njurisdiction if no action was instituted, for an order apportioning the\nreasonable and necessary expenditures, including attorney's fees,\nincurred in effecting such recovery. Such expenditures shall be\nequitably apportioned by the court between the claimant and the o
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